Title 13, TITLE 13. ENVIRONMENT

Sec. 1. This chapter applies to the use of an electronic submission for any of the following: (1) Satisfaction of a state or federal requirement for reporting to the department. (2) Satisfaction of the requirements for an application to the department. (3) Submission to the depar…

acceptable submissions Sec. 2. (a) If a person is required to submit information or a document to the department, the department may require the person to submit the information or document electronically. However, the department may not require a person to submit information or …

As added by P.L.114-2008, SEC.8. Repealed by P.L.147-2015, SEC.5.

on electronic documents Sec. 4. (a) The department may adopt procedures that are consistent with federal law for compliance with this chapter to allow an applicant to submit an electronic document bearing the valid electronic signature of a signatory if that signatory would other…

signature not permitted Sec. 5. Information submitted in an acceptable electronic document under a procedure adopted under section 4 of this chapter must have a signature uniquely assigned. The receiving system for the document must be able to attribute the signature to a specifi…

Sec. 6. A person is subject to applicable state or federal civil, criminal, or other penalties and remedies for failure to comply with a reporting requirement if the person submits an electronic document that: (1) is in place of a paper document under this chapter; and (2) fails …

electronic and other forms Sec. 7. A person submitting information using an assigned signature is liable under IC 13-30-10 for the information provided and subject to penalties under that chapter, regardless of whether the information submitted is in electronic form or other form…

Sec. 1. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to establish categories of sources or facilities that may be effectively restricted through specific requirements established by the rules to emit less than the amount of air pollutants for which a Title V air opera…

Sec. 2. For categories established under section 1 of this chapter, the department shall recommend rules to establish an enforceable operating agreement program. The program established under this section may apply to some or all of the sources or facilities within the categories…

[Pre-1996 Recodification Citation: 13-10-4-2(d).] As added by P.L.1-1996, SEC.7. Amended by P.L.53-2014, SEC.123. Repealed by P.L.130-2018, SEC.63.

Sec. 1. (a) As used in this chapter, "passenger tire equivalent" means a unit of waste tire material weighing twenty (20) pounds, whether the waste tire material is comprised of one (1) or more whole tires or one (1) or more altered tires. (b) The provisions of this chapter conce…

Sec. 1.5. A person that stores waste tires shall do so in a manner that: (1) does not pose a threat to human health or the environment; (2) does not pose a fire hazard; and (3) controls vectors that pose a threat to human health. As added by P.L.93-1998, SEC.5.

[Pre-1996 Recodification Citation: 13-7-23-13.] As added by P.L.1-1996, SEC.10. Amended by P.L.28-2004, SEC.122. Repealed by P.L.130-2018, SEC.65.

Sec. 11. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 necessary to implement this chapter. (b) The rules adopted under this section must include the following: (1) Requirements for the registration of waste tire storage sites and waste tire processing operations…

Sec. 12. A person that obtains a certificate of registration under this chapter is not required to obtain a solid waste processing facility permit referred to in section 1 of this chapter: (1) for activities covered under the registration, including the: (A) baling; (B) transferr…

Sec. 13. (a) The commissioner may proceed in court, by appropriate action, to: (1) compel a person responsible for the improper storage of waste tires to undertake a removal or remedial action with respect to the waste tires; or (2) obtain an order to enter upon private or public…

Sec. 14. The commissioner may proceed in the appropriate court to recover costs and damages from a person who: (1) is responsible for the improper storage of waste tires; and (2) fails, without sufficient cause, to properly undertake a removal or remedial action under section 13 …

Sec. 15. The department shall operate a waste tire education program to inform the public concerning the following issues: (1) Proper waste tire management procedures. (2) Methods to minimize the production of waste tires, including information concerning the advantages of using …

[Pre-1996 Recodification Citation: 13-7-23-20 part.] As added by P.L.1-1996, SEC.10. Repealed by P.L.93-1998, SEC.21.

Sec. 17. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or grant from the fund commits a Level 6 felony. As added by P.L.137-2007, SEC.18. Amended by P.L.158-2013, SEC.188.

Sec. 2. A person may not create or maintain a waste tire storage site or waste tire processing operation unless the person: (1) has registered the waste tire storage site or waste tire processing operation under this chapter or IC 13-7-23 (before its repeal); and (2) holds a vali…

Sec. 3. (a) The commissioner shall issue a waste tire storage site or waste tire processing operation certificate of registration to a person that owns or operates a waste tire storage site or waste tire processing operation if the person complies with the requirements of this ch…

Sec. 4. (a) To apply for a certificate of registration under section 3 of this chapter, a person must submit the following to the department: (1) A description of the location of the: (A) waste tire storage site; or (B) waste tire processing operation. (2) A description of buildi…

Sec. 5.5. (a) A certificate of registration issued by the department under this chapter may be revoked or modified by the commissioner, or by a designated staff member of the department, after notification in writing is sent in accordance with IC 13-14-2-1 to the holder of the ce…

Sec. 6. (a) The department shall operate a waste tire storage site and waste tire processing operation inspection program. (b) A person that obtains a certificate of registration under section 3 of this chapter must allow the department access to the waste tire storage site or wa…

Sec. 7. (a) A fee of twenty-five cents ($0.25) is imposed on the sale of the following: (1) Each new tire that is sold at retail. (2) Each new tire mounted on a new vehicle sold at retail. (b) The person that sells the new tire or vehicle at retail (including a retail merchant th…

of revenue Sec. 8. (a) Except as provided in subsection (d)(2), (d)(3), (d)(6), and (d)(7), the waste tire management fund is established for the following purposes: (1) The department may use not more than thirty-five percent (35%) of the money deposited in the fund each year fo…

Sec. 9. (a) The department may use money in the fund to assist the department in: (1) removing waste tires from sites where waste tires have been disposed of improperly; (2) properly managing waste tires; (3) performing surveillance and enforcement activities used to implement pr…

Sec. 1. (a) A board may impose fees on the disposal of solid waste in a final disposal facility located within the district. A fee imposed by a board in a county with a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,00…

Sec. 2. (a) A board that has imposed fees under section 1 of this chapter shall establish and continuously maintain a separate fund under this section to be known as the "______________ district solid waste management fund". (b) All fees remitted to the district under section 1 o…

Sec. 3. (a) If a board imposes a fee under section 1 of this chapter, the owner or operator of a final disposal facility located within the district is responsible for collecting fees from persons delivering solid waste to the facility. Each owner or operator may do the following…

Sec. 4. A board may not impose a fee under this chapter on the disposal of solid waste by a person that: (1) generated the solid waste; and (2) disposes of the solid waste at a site that is: (A) owned by that person; and (B) limited, for purposes of the disposal of solid waste, t…

Sec. 5. (a) If fees imposed under section 1 of this chapter are based and charged on each ton of solid waste, the owner or operator of a final disposal facility that: (1) annually receives, on the average, less than two hundred (200) tons of solid waste each day; and (2) does not…

Sec. 1. If, on the basis of any information, the commissioner determines that there is or has been a release of a hazardous waste or a constituent of a hazardous waste into the environment from a facility authorized to operate under interim status under Section 3005(e) of the fed…

Sec. 2. Under section 1 of this chapter, the commissioner or a court may order the performance of corrective action beyond the boundaries of the facility from which the release occurs. However, the commissioner may not order corrective action beyond the boundaries of the facility…

Sec. 3. An order issued by the commissioner under this chapter: (1) must state with reasonable specificity the nature of the corrective action or other response measure required by the order; (2) must specify a time for compliance; and (3) may include a suspension or revocation o…

Sec. 0.2. The amendments made to IC 13-7-20-24 (before its repeal, now partly codified at section 5 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991. As added by P.L.220-2011, SEC.286.

Sec. 1. (a) Subject to subsections (b)(1) and (d), the commissioner may, under rules adopted under IC 13-23-1-2: (1) issue an order under IC 13-14-2-7 or IC 4-21.5-4; or (2) proceed under IC 13-14-2-6; to require the owner or operator of an underground storage tank or aboveground…

Sec. 10. (a) An indemnification agreement, a hold harmless agreement, or other similar agreement or conveyance is not effective to transfer the liability imposed under section 8 of this chapter from: (1) the owner or operator of an: (A) underground storage tank; or (B) abovegroun…

Sec. 11. This chapter does not bar a cause of action that: (1) an owner or operator; (2) a guarantor; or (3) any other person subject to liability under this article; has or would have, by reason of subrogation or otherwise, against any person. [Pre-1996 Recodification Citation: …

testing, or permit access; right of entry Sec. 12. (a) For the purpose of enabling the commissioner to take or to assess the need for corrective action under this chapter or to enforce this article, an owner or operator of an underground storage tank or aboveground storage tank, …

federal law Sec. 13. (a) This article does not bar the commissioner from using any emergency procurement powers existing under law. (b) This article does not bar the commissioner from taking any actions authorized under Section 9003(h)(7) of the federal Solid Waste Disposal Act (…

Sec. 14. For purposes of IC 13-11-2-148(e), IC 13-11-2-150(b), and IC 13-11-2-150(c), a person that is a lender and that holds evidence of ownership primarily to protect a security interest in an underground storage tank or aboveground storage tank shall be considered to particip…

Sec. 15. (a) The liability of a fiduciary under this title for the release or threatened release of a hazardous substance at, from, or in connection with an underground storage tank or aboveground storage tank held in a fiduciary capacity shall not exceed the assets held in the f…

on a brownfield Sec. 16. (a) A political subdivision or unit of federal or state government that acquired ownership or control of an underground storage tank or aboveground storage tank on a brownfield by any of the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may unde…

Sec. 2. The commissioner, under rules adopted under IC 13-23-1-2, may undertake corrective action with respect to any release of a regulated substance into the environment from an underground storage tank or aboveground storage tank if: (1) that action is necessary, in the judgme…

Sec. 3. A corrective action undertaken or required under this chapter may include an exposure assessment. The cost of any exposure assessment undertaken under this chapter may be recovered under section 8 of this chapter as part of the costs of corrective action. [Pre-1996 Recodi…

Sec. 4. In: (1) issuing orders requiring corrective action under section 1 of this chapter; or (2) undertaking corrective action under section 2 of this chapter; the commissioner shall give priority to releases of regulated substances from underground storage tanks or aboveground…

procedures Sec. 5. In issuing orders requiring corrective action under section 1 of this chapter or undertaking corrective action under section 2 of this chapter the commissioner may: (1) require only a limited form of corrective action; and (2) implement streamlined administrati…

action costs claim Sec. 5.5. (a) Notwithstanding any other provision of this chapter, a person who is not an owner or operator of an underground storage tank or an aboveground storage tank is liable to the state only for corrective action to address a surface spill or overfill of…